Ousmane Sonko speaks to the press in Ziguinchor (Senegal) in July 2022. MUHAMADOU BITTAYE/AFP
DECRYPTION – The Constitutional Council has invalidated the candidacy of the main opponent, who has been embroiled in a series of legal scandals.
Dakar
In Senegal, the presidential election on February 25th will take place without the main political opponent. The Constitutional Council on Friday January 5 rejected the candidacy of Ousmane Sonko, leader of the African Patriots of Senegal for Work, Ethics and Fraternity (Pastef). His supporters will have hoped for a turnaround until the end. “This surprised us all, we did not expect this from the Constitutional Council,” regrets Amadou Assane Leye, Pastef representative for the Thiès department. However, the chances of the opponent, who had been imprisoned since July 31 on charges of inciting insurrection and criminal conspiracy, were already seriously jeopardized by a series of legal proceedings.
On January 4, the Supreme Court confirmed his six-month suspended sentence and 200,000 million CFA francs (305,000 euros) in damages in a defamation case against Tourism Minister Mame Mbaye Niang. The decision deprives Ousmane Sonko of his civil rights for a period of five years under Article 30 of the Electoral Law. The opponent's lawyers have filed an appeal. However, this will not change the situation for the elections in February.
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“There's nothing more you can do. The call for closure has no suspensive effect,” explains Daouda Mine, a journalist specializing in legal issues. The Constitutional Council must publish the final list of selected candidates on January 20, after examining the merits of the dossiers whose sponsorship was confirmed. Despite protests from members of the Pastef party, Ousmane Sonko's name will not appear there. “The Constitutional Council decides as a first and last resort. If he declares an application inadmissible, there is no longer any possibility of appealing,” says Dadoua Mine.
Convicted in absentia
The mayor of Ziguinchor was considered one of the favorites to succeed current President Macky Sall. Ousmane Sonko, valued by young people for his patriotic and anti-system speeches, says he is the subject of legal “leniency”. His absence will significantly weaken the chances of the Pastef party, which was officially dissolved in July, to win the election. The cards also need to be reshuffled within the opposition coalition Yewwi Askan Wi (YAW). “There will be disappointments, but we have a social project. We will do everything we can to make this project happen. One way or another, Pastef will take part in the elections,” assures Amadou Assane Leye. The party's general secretary, Bassirou Diomaye Faye, who was jailed for “contempt of court”, “defamation” and “spreading false news”, was described as Plan B to succeed Ousmane Sonko.
There will be disappointments, but we have a social project. We will do everything we can to make this project happen. One way or another, Pastef will take part in the elections
Amadou Assane Leye, Pastef representative for the Thiès department
His candidacy is still pending as he still has to regulate 4,219 sponsorships. The political-judicial saga between Ousmane Sonko and the Senegalese government began in 2021, when the president of Pastef was taken into police custody following a rape complaint from masseur Adji Sarr. Macky Sall is then accused of planning a “conspiracy” aimed at eliminating his main opponent. In this trial, Ousmane Sonko will ultimately be sentenced in absentia in June 2023 to two months in prison for “corruption of youth”. On December 14, the decision was overturned by the Dakar High Court, which ordered the re-registration of 'Ousmane Sonko on the electoral lists. However, his representative is denied sponsorship forms.
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The Caisse des Dépôts et des Consignations will also refuse him the certificate of payment of the mandatory deposit of 30 million CFA francs (45,000 euros). In total, more than 90 application documents were submitted to the Constitutional Council before the deadline on December 26th. Only nine have validated the sponsorship phase and around twenty have the opportunity to legalize duplicates. This in-person election is considered one of the most open in the country's history. After raising doubts about his possible intentions to seek a third term, Macky Sall announced his resignation in July. His current Prime Minister Amadou Ba, who is currently staying in the background, was appointed as his successor at the head of the Benno Bokk Yakaar (BBY) coalition. The official campaign begins on February 3rd. A possible second round is planned for the end of March.